Brexit - no immediate effect on IP rights

Summary

The UK has voted to leave the European Union (EU). If this happens, this will take several years to implement.

Script IP will continue to provide a complete set of services across all forms of IP exactly as before the 'Brexit' vote.

There is no immediate change to any existing IP rights, nor to any IP rights that can be applied for. The UK will continue to be a full member of the EU for at least two years.

European patents are for the most part not affected by the UK ceasing to be a full member of the EU. Community trade marks and designs will be affected. It may be worth considering filing UK as well as community trademarks and designs. For our overseas clients, the fall in the value of the UK currency means using Script IP has just become significantly cheaper.

Patents

European patents will not be affected when the UK leaves the EU. There will be no change to Script IP's ability to file and prosecute European patent applications.

If the UK leaves the EU, you will still be able to use Script IP to file and prosecute patent applications at the EPO. Those EPO patent applications will still cover the UK. If the “unitary” patent comes into force in the future, you will be able to use Script IP to obtain a unitary patent.

Trademarks and Designs

UK and international trade mark registrations through the Madrid protocol will be unaffected. If the UK leaves the EU, community trademarks or designs filed at the EU-IPO will no longer cover the UK. At this point, to obtain trademark or design protection in the UK, a UK trademark or design application will need to be filed. You can rest assured that Script IP's team of attorneys will continue to keep up to date with developments. We will advise how to take maximum advantage of the transitional provisions once they are known. As always, we will advise any steps you should take to preserve your valuable rights in the UK. Script IP will continue to be able to obtain both community trade marks and community designs.

Licensing

Licensing agreements, co-existence agreements, franchise agreements or other IP contracts which cover the EU as a defined territory, or which concern community-wide IP rights, should be reviewed to check whether they apply in the UK if the UK leaves the EU once transitional provisions are known.

As always if you have any questions please do not hesitate to contact us.

Script IP’s style and ethos has allowed them to work directly with our engineers, enabling me to trust them with important tasks on my behalf.

Global Head of Intellectual Property, UK Headquartered Manufacturing Company